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Local Government Infringement Notices for Overgrown Vegetation [QLD]

Discussion in 'Property Law Forum' started by Kevin Ryan, 18 July 2014.

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  1. Kevin Ryan

    Kevin Ryan Member

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    1/ What is the procedure required by Local Government to issue on-the-spot infringement notice in reference to clearing overgrown vegetation - is Council officer required to deliver notice to property owner personally in person - or can Council officer place notice in post box with person reference - or can Council merely throw notice over boundary fence?

    2/ If council mailing address is different from physical address such as PO Pox address, must a copy of notice be sent to Council registered PO Box address (does this lead to massive rorting?)

    3/ Having placed infringement notice in letter box, can council then gain access to property - having given two weeks written notice? Without any ratification by the Justice Court using police presence to deny access to legally engaged contractor to carry out the required work - a little draconian!

    4/ Is Local Council legally able to issue separate "Rate Notice" to bill this cost of clearing. Enabling the council to include this extra cost onto the "General Rate" notice for the following year. - which means that subsequent percentage rate increase is added to inflated rate value. eg a previous General Rate Value of $5000 plus clearing cost of $7000 equals total following General Rate Value of $12000 Far exceeding land valuation. How ridiculous!
    This also does not allow any counter claim for damage while carrying the above work.

    5/ Is Local Council legally able to rely on complaints from neighbours and in the absence of such to rely on Council computer records to issue infringement notice and gain access to the to carry out such work?

    ( is this procedure - a little draconian
    - a return to the re establishment of the "Spanish Inquisition")
     
  2. Tim W

    Tim W Lawyer

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    Council By-Laws vary.
    Are you in a position to tell us which Council?
     

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